Witness says Duffy had her lie to police after Sebastian killing

This story has corrected the spelling of Margaret Schaal from an earlier version.

VERO BEACH —After Daniel Duffy's father-in-law was killed in Sebastian, Duffy told a friend to lie to police to divert attention from himself, according to trial testimony Wednesday.

Duffy, 36, is on trial for arranging for others to fatally shoot John Torres, 45, outside an apartment during November 2009, according to reports.

Prosecutors contend one of Duffy's motives was revenge for Torres cooperating with a federal investigation, which led to Duffy serving time in prison for mortgage fraud.

Duffy was released from jail to see his sick mother, witness Margaret Schaal, of Brevard County, said Wednesday.

She testified Duffy stopped by her home to ask her to falsely tell police a stranger stopped by her house, asked about Duffy and commented "rats get stomped on," she said.

She called police and told them the story, but then she recanted, saying it was a lie, she testified.

Duffy's defense attorney Sean Wagner questioned whether Schaal is cooperating with law enforcement because she gave Duffy $100,000 to invest and it hasn't been returned.

"I am nervous about getting the money," she said. However she testified Duffy told her "we were gong to make money," she said.

Testimony in the trial continues Thursday. The trial is expected to last two weeks and prosecutors plan to seek the death penalty if the 12-member jury convicts Duffy of first-degree murder and conspiracy to commit murder.

Three other men are charged in the killing. Two have agreed to testify on behalf of prosecutors, court officials said.

On Wednesday a former Indian River County Jail inmate, Travis Gordon, said Duffy, while in jail, asked him to threaten Schaal and one of the other men charged in the killing.

The inmate added Duffy had about $100 added to the inmate's jail account for cooperating.

During opening arguments, Wagner said Duffy's wife, Nicole Torres, and another man, Marciano Dort of Palm Bay, were behind the shooting, claiming they were secretly having an affair for two years.

When it became apparent Duffy was facing federal charges and losing his money, she acted, Wagner said. That's despite her being the daughter of the man who was killed.

Duffy met his wife in New York when she was a prostitute, Wagner said. "She was not going back to the streets," he said.